Sather Amended

Published June 18, 2014 at 2:23 am

AMENDED SUMMONS
STATE OF MINNESOTA
COUNTY OF HOUSTON
IN DISTRICT COURT
THIRD JUDICIAL DISTRICT
14 Other Civil
Court File No. 28-CV-13-935
Mary A. Sather and Irwin H. Sather
as Trustees of the REVOCABLE
LIVING TRUST OF LAURA M. ARNET
Plaintiff,
vs.
Wm. H. Snure, William Henry Snure, and
their unknown heir(s); Estella L. Holliday a/k/a Estalla Holliday, Anna M. Snure a/k/a Anna Snure, James Holliday a/k/a James A. Holliday a/k/a James A. Halliday, Donald B. Holliday, and their unknown heirs; Citizens Right to Purchase Property Association a/k/a Citizens Right to Purchase Property, a Minnesota corporation; State of Minnesota, a sovereign body; Amelia Albrecht, Anton Albrecht, Matilda Albrecht a/k/a Mathilda Albrecht, Edward A. Albrecht a/k/a Edward Albrecht, Claudena Albrecht, Albert Albrecht, and their unknown heirs; Benjamin B. Brown a/k/a Benjamin Brown, Anna Brown, Nellie M. Brown, and their unknown heirs; Nellie M. Archibald, and her unknown heirs; Clara Jane Hargreaves, Mary Ann Hargreaves, and their unknown heirs; Clara J. Robinsin and Perry E. Robinsin, and their unknown heirs; Jeannine M. Hart and Richard Roswell Hart, and their unknown heirs; also all other persons unknown claiming any right, title, interest or lien in the real estate described in the petition herein;
Defendants.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to serve upon plaintiffs attorney an Answer to the Complaint which is on file in the office of the Court Administrator of the above-named Court, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
This action involves, affects, or brings into question real property situated in the County of Houston, State of Minnesota described as follows:
Parcel A
Part of the South Half of the Southwest Quarter of the Northwest Quarter (SW1/4-NW1/4) of Section 35, Township 104 North, Range 5 West of the Fifth Principal Meridian described as follows: Commencing at the West Quarter corner of said section; thence along the West line of said SW/NW N00deg.1110W, 401.67 feet to the point of beginning; thence continuing along said West line N00deg.1110W, 148.47 feet; thence S42deg.3133E, 743.53 feet to the South line of said SW/NW; thence along said South line S89deg.4504W, 135.15 feet; thence N42deg.3133W, 542.86 feet to the point of beginning.
Parcel B
Part of the Northeast Quarter of the Southwest Quarter (NE1/4-SW1/4) of Section 35, Township 104 North, Range 5 West of the Fifth Principal Meridian described as follows: Commencing at the West Quarter corner of said section; thence S51deg.3804E, 1708.93 feet to the West line of said NE/SW and the point of beginning; thence along said West line N00deg.3817W, 149.77 feet; thence S42deg.3133E, 562.23 feet to the South line of said NE/SW; thence along said South line S89deg.4224W, 135.06 feet; thence N42deg.3133W, 359.96 feet to the point of beginning.
Parcel C
Part of the Southwest Quarter of the Southeast Quarter (SW1/4-SE1/4) of Section 35, Township 104 North, Range 5 West of the Fifth Principle Meridian and part of the Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4) Section 2, Township 103 North, Range 5 West of the Fifth Principal Meridian described as follows: Commencing at the South Quarter corner of said section 35; thence along the West line of said SW/SE N00deg.0417E, 117.87 feet to the point of beginning; thence continuing along said West line N00deg.0417E, 147.75 feet; thence S42deg.3125E, 423.22 feet to the beginning of a 2300.00 feet radius curve concave to the Northeast; thence along the arc of said curve to the end of said curve, the chord of which bears S56deg.2544E, 1105.46 feet; thence S19deg.3957W, 100.00 feet to the beginning of a 2400.00 feet radius curve concave to the Northeast and the North right of way line of U.S. Highway 16, thence along said right of way line and along the arc of said curve, the chord of which bears N67deg.3810W, 225.95 feet; thence continuing along said curve, the chord of which bears N53deg.4351W, 932.92 feet to the end of said curve; thence N42deg.3125W, 314.45 feet to the point of beginning.
Parcel D
Part of the Northeast Quarter of the Northeast Quarter (NE1/4-NE1/4) of Section 2, Township 103 North, Range 5 West of the Fifth Principal Meridian and part of the Northwest Quarter of the Northwest Quarter (NW1/4-NW1/4) of Section 1, Township 103 North, Range 5 West, and part of the Northeast Quarter of the Northwest Quarter (NE1/4-NW1/4) of said Section 1 described as follows: Commencing at the Northeast corner of said Section 2; thence S51deg.3643W, 1265.23 feet to the point of beginning; thence S75deg.1545E, 52.64 feet to the beginning of a 800.00 feet radius curve concave to the North; thence along the arc of said curve, the chord of which bears S85deg.4047E, 289.30 feet to the end of said curve; thence N83deg.5411E, 684.39 feet to the beginning of a 3700.00 feet radius curve concave to the South; thence along the arc of said curve, the chord of which bears N85deg.0744E, 158.30 feet to the end of said curve; thence N86deg.2402E, 723.78 feet to the beginning of a 4000.00 feet radius curve concave to the North; thence along the arc of said curve, the chord of which bears N73deg.1509E, 1819.74 feet to the end of said curve and the East line of the Northwest Quarter of said Section 1; thence along said east line S00deg.4447E, 114.07 feet to the beginning of a 4100.00 radius curve concave to the North; thence along the arc said of curve, the chord of which bears S73deg.3827W, 1811.08 feet to the end of said curve; thence S86deg.2402W, 723.70 feet to the beginning of a 3600.00 feet radius curve concave to the South; thence along the arc of said curve, the chord of which bears S85deg.0744 W154.02 feet to the end of said curve and the North right of way line of U.S. Highway 16; thence the next three calls along said right of way line 1) S83deg.5411W, 684.39 feet to the beginning of a 900.00 feet radius curve concave to the North 2) along the arc of said curve, the chord of which bears 85deg.4047W, 325.46 feet to the end of said curve 3) N75deg.1545W, 52.64 feet; thence N14deg.4415E, 100.00 feet to the point of beginning.
Parcel E
The South 10 (Ten) rods of the North Three Quarters (3/4) of the West Half of the Northwest Quarter of Section 35, Township 104 North, Range 5 West of the Fifth Principal Meridian.
AND
The South 10 (Ten) rods of the North Half (1/2) of the Southeast Quarter of the Northwest Quarter (SE1/4-NW1/4) of Section 35, Township 104 North, Range 5 West of the Fifth Principal Meridian.
AND
The South Half (1/2) of the Southwest Quarter of the Northwest Quarter (SW1/4-NW1/4) of said Section 35, EXCEPT Parcel A this survey described as follows: Commencing at the West Quarter corner of said section; thence along the West line of said SW/NW N00deg.1110W, 401.67 feet to the point of beginning; thence continuing along said West line N00deg.1110W, 148.47 feet; thence S42deg.3133E, 743.53 feet to the South line of said SW/NW; thence along said South line S89deg.4504W, 135.15 feet; thence N42deg.3133W, 542.86 feet to the point of beginning, and further EXCEPTING that portion thereof lying Southwest of said Parcel A this survey.
AND
The South Half (1/2) of the Southeast Quarter of the Northwest Quarter (SE1/4-NW1/4) of said Section 35.
AND
That part of the Southwest Quarter of the Northeast Quarter (SW1/4-NE1/4) of said Section 35 described as follows: Beginning at the Southwest corner of the Northeast Quarter of said Section 35; thence along the West line of said Northeast Quarter North 405 feet; thence East and parallel with the South line of said Northeast Quarter 660 feet; thence South and parallel with the West line of said Northeast Quarter 405 feet to the South line of said Quarter; thence West along said line 660 feet to the point of beginning.
AND
The Northeast Quarter of the Southwest Quarter (NE1/4-SW1/4) of said Section 35, EXCEPT Parcel B this survey described as follows: Commencing at the West Quarter corner of said Section; thence S51deg.3804E, 1708.93 feet to the West line of said NE/SW and the point of beginning; thence along said West line N00deg.3817W, 149.77 feet; thence S42deg.3133E, 562.23 feet to the South line of said NE/SW; thence along said South line S89deg.4224W, 135.06 feet; thence N42deg.3133W, 359.96 feet to the point of beginning.
AND
The Northwest Quarter of the Southeast Quarter (NW1/4-SE1/4) of said Section 35 lying South of the center of Judicial Ditch #1 now Root River.
AND
The Northeast Quarter of the Southeast Quarter (NE1/4-SE1/4) of said Section 35 lying South of the center of Judicial Ditch #1 now Root River.
AND
The Southwest Quarter of the Southeast Quarter (SW1/4-SE1/4) of said Section 35 and the Southeast Quarter of the Southeast Quarter (SE1/4-SE1/4) of said Section 35 lying South of Judicial Ditch #1 now Root River.
AND
The North Half of the Northeast Quarter of Section 2, Township 103 North, Range 5 West and all of the North Half of the Northwest Quarter of Section 1, Township 103 North, Range 5 West of the Fifth Principal Meridian lying South of the center of Judicial Ditch #1 now Root River EXCEPT:
1. All that part taken for U.S. Highway 16 right of way purposes.
2. Parcel C this survey described as follows: Commencing at the South Quarter corner of said Section 35; thence along the West line of said SW/SE N00deg.0417E, 117.87 feet to the point of beginning; thence continuing along said West line N00deg.0417E, 147.75; thence S42deg.3125E, 423.22 feet to the beginning of a 2300.00 feet radius curve concave to the Northeast; thence along the arc of said curve to the end of said curve, the chord of which bears S56deg.2544E, 1105.46 feet; thence S19deg.3957W, 100.00 feet to the beginning of a 2400.00 feet radius curve concave to the Northeast and the North right of way line of U.S. Highway 16, thence along said right of way line and along the arc of said curve, the chord of which bears N67deg.3810W, 225.95 feet; thence continuing along said curve, the chord of which bears N53deg.4351W, 932.92 feet to the end of said curve; thence N42deg.3125W, 314.45 feet to the point of beginning.
3. Parcel D this survey described as follows: Commencing at the Northeast corner of said Section 2; thence S51deg.3643W, 1265.23 feet to the point of beginning; thence S75deg.1545E, 52.64 feet to the beginning of a 800.00 feet radius curve concave to the North; thence along the arc of said curve, the chord of which bears S85deg.4047E, 289.30 feet to the end of said curve; thence N83deg.5411 E, 684.39 feet to the beginning of a 3700.00 feet radius curve concave to the South; thence along the arc of said curve, the chord of which bears N85deg.0744E, 158.30 feet to the end of said curve; thence N86deg.2402E, 723.78 feet to the beginning of a 4000.00 feet radius curve concave to the North; thence along the arc of said curve, the chord of which bears N73deg.1509E, 1819.74 feet to the end of said curve and the East line of the Northwest Quarter of said Section 1; thence along said East line S00deg.4447E, 114.07 feet to the beginning of a 4100.00 radius curve concave to the North; thence along the arc said of curve, the chord of which bears S73deg.3827W, 1811.08 feet to the end of said curve; thence S86deg.2402W, 723.70 feet to the beginning of a 3600.00 feet radius curve concave to the South; thence along the arc of said curve, the chord of which bears S85deg.0744 W, 154.02 feet to the end of said curve and the North right of way line of U.S. Highway 16; thence the next three calls along said right of way line 1) S83deg.5411W, 684.39 feet to the beginning of a 900.00 feet radius curve concave to the North 2) along the arc of said curve, the chord of which bears N85deg.4047W, 325.46 feet to the end of said curve 3) N75deg.1545W, 52.64 feet; thence N14deg.4415E, 100.00 feet to the point of beginning.
4. Parcel F this survey described as follows: Commencing at the Northeast corner said Section 2; thence S54deg.3145W, 1186.29 feet to the point of beginning; thence S14deg.4415W, 200.61 feet to the North right of way line of U.S. Highway 16; thence along said right of way line N75deg.1545W, 265.29 feet to the beginning of a 2400.00 feet radius curve concave to the North; thence along said right of way line and along the arc of said curve, the chord of which bears N72deg.4754W, 203.38 feet; thence N19deg.3957E, 100.00 feet to a 2300.00 feet radius curve concave to the North; thence along the arc of said curve, the chord of which bears N65deg.1733W, 404.25 feet; thence N19deg.3932E, 519.72 feet to the North line of said Section 2; thence along said North line N89deg.57 13E, 482.20 feet; thence S11deg.1828E, 315.96 feet; thence S17deg.3212E, 396.04 feet to the point of beginning.
5. Parcel G this survey described as follows: Commencing at the Southeast corner Section 35, Township 104 North, Range 5 West; thence S54deg.3145W, 1186.29 feet to the point of beginning and the most Easterly Corner of Parcel F this survey; thence the next two calls along the East boundary line of said Parcel F 1) N17deg.3212W, 396.04 feet, 2) N11deg.1828W, 280.69 feet; thence N37deg.2441E, 397.25 feet; thence N69deg.0234E 358.75 feet to a line which meanders Judicial Ditch #1 now Root River; thence the next 2 calls along said meander line: 1) S77deg.5412E, 591.00 feet 2) S50deg.1036E, 485.61 feet; thence S55deg.4055W, 494.65 feet; thence
S44deg.0322W, 311.83 feet; thence S60deg.1319W, 248.21 feet; thence S86deg.0108W, 513.25 feet to the point of beginning. Also including all that land between the above described meander line and the center of Judicial Ditch #1 now Root River.
Parcel F
Part of the Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4) of Section 2, Township 103 North, Range 5 West of the Fifth Principal Meridian and part of the Northeast Quarter of the Northeast Quarter (NE1/4-NE1/4) of said Section 2, described as follows: Commencing at the Northeast corner said Section 2; thence S54deg.3145W, 1186.29 feet to the point of beginning; thence S14deg.4415W, 200.61 feet to the North right of way line of U.S. Highway 16; thence along said right of way line N75deg.1545W, 265.29 feet to the beginning of a 2400.00 feet radius curve concave to the North; thence along said right of way line and along the arc of said curve, the chord of which bears N72deg.4754W, 203.38 feet; thence N19deg.3957E, 100.00 feet to a 2300.00 feet radius curve concave to the North; thence along the arc of said curve, the chord of which bears N65deg.1733W, 404.25 feet; thence N19deg.3932E, 519.72 feet to the North line of said Section 2; thence along said North line N89deg.5713E, 482.20 feet; thence S11deg.1828E, 315.96 feet; thence S17deg.3212E, 396.04 feet to the point of beginning.
All bearings are based on the South line of the SE1/4 Sec. 35, TI04N, R5W, which bears S89deg.5713W, 2644.66
Revised Survey; Document No.: A277668 recorded May 30, 2014.
NOTICE IS FURTHER GIVEN that the object of said action is to obtain a judgment declaring that plaintiff is the owner in fee of the property described above, and that defendants, and each of them, have no right, title, estate, interest, or lien in or upon the said real estate.
NOTICE IS FURTHER GIVEN that no personal claim is made by plaintiff against any of the defendants.
Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.
Dated: June 6, 2014.
JOHN R. McDONALD, LTD.
By: /s/
John R. McDonald
Minnesota Bar No. 70051
Attorney for Plaintiff
505 King Street, Ste. 135 (54601)
P.O. Box 1567
La Crosse, WI 54602-1567 (608) 784-2500
Published in the
The Caledonia Argus
June 18, 25, July 2, 2014
237891